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2. Learned counsel appearing for the petitioner has urged that the petitioner ought to have been extended the concession of default bail as the Chemical Examiner Report was not filed alongwith the challan. Learned counsel appearing for the petitioner has further submitted that the petitioner was arrested on 15.10.2022, whereinafter he was extended the concession of interim regular bail by this Court vide order dated 16.11.2023 and the said order is enuring till date. Learned counsel appearing for the petitioner has further submitted that the contraband involved into the FIR in question is 1 of 6 CRR-1227-2023 (O&M) Page |2 50.66 grams of heroin, which is non-commercial in nature. Learned counsel appearing for the petitioner has further iterated that there is no allegation of misusing the concession of interim regular bail earlier afforded to him at his instance. Thus, regular bail is prayed for.

5.1. Having heard learned counsel for the rival parties and upon perusal of the record; especially keeping in view the fact that the question of law as to whether an accused is entitled for grant of concession of default bail, in a case where the Chemical Examiner Report/FSL has not been filed alongwith the challan, is still pending before the Hon'ble Supreme Court; the petitioner having been involved in a case pertaining to 50.66 grams of heroin & the Chemical Examiner Report/FSL has not been filed alongwith the challan; rigors of Section 37 of the NDPS Act not being attracted; the petitioner having been granted the concession of interim regular bail vide order dated 16.11.2023 & the said concession has not been misused by the petitioner; this Court deems it appropriate not to keep the present petition alive & confirm the order dated 16.11.2023 whereby the petitioner was released on interim regular bail.